-
作者：Cecot, Caroline; Hahn, Robert W.
作者单位：George Mason University; University of Oxford
摘要：Cost-bengfit analysis (CBA) is widely used in agency decisionmaking, summarizing the impacts of an agency's chosen policy. As agency rulemakings have increased in quantity and importance, there has been renewed interest in improving transparency in decisionmaking, especially with respect to the models and data that underlie CBA. Recent proposals have been highly controversial. At least some of the controversy can be attributed to limited information about the usefulness of this type of transpa...
-
作者：Sunstein, Cass R.
作者单位：Harvard University
摘要：The administrative state faces a pervasive problem: benefit neglect, understood as insufficient attention to the benefits of regulation. In 2017, for example, President Donald Trump issued Executive Order 13,771, calling for a regulatory budget of 30 and directing agencies to eliminate two regulations for every regulation that they issue. The order has two laudable ambitions: to reduce the stock of unjustfled regulations and to discipline the flow of new regulations. But because it entirely ig...
-
作者：Talebian, Sara
作者单位：American University
-
作者：Karmel, Roberta S.
作者单位：U.S. Securities & Exchange Commission (SEC)
摘要：This Article describes the power struggles among the three branches of the federal government and Democrats and Republicans to control rulemaking and other activities at the Securities and Exchange Commission (SEC). Although the SEC was designed to be an independent and nonpartisan agency where Commissioners and staff exercised independent judgment and expertise to protect the investing public form Wall Street depredations, partisan struggles have undermined the agency's work. Instead of prote...
-
作者：Washington, Angela E.
作者单位：American University
-
作者：Lambert, Andrew
摘要：In ensuring air safety, the Federal Aviation Administration (FAA) reviews applications for certificates and denies them if appropriate. However, when a corporate entity holds a certificate revoked by the FAA, there is little to prevent the individuals from forming a new company and applying for a new certificate-one without a violation history including the revocation. Balancing the interests of air safety and the fiction of corporate personhood, the FAA has issued regulations to look beyond t...
-
作者：Gavoor, Aram A.; Platt, Steven A.
作者单位：George Washington University; University of Minnesota System; University of Minnesota Twin Cities
摘要：The Administrative Procedure Act of 1946 (APA) permits judicial review of agency action upon the whole record of the agency. What composes that term is not explicated by the text of the statute. The Supreme Court recently addressed the composition of the whole record in APA litigation for the first time in decades in Department of Commerce v. New York. In that case, which considered whether the US. Census Bureau lawfully added a question regarding U.S. citizenship to the impending 2020 U.S. Ce...
-
作者：Coppage, Cale
-
作者：Tryon, Amy E.
作者单位：American University
-
作者：Candeub, D. A.
摘要：Several Supreme Court justices have expressed a willingness to reconsider the nondelegation doctrine. This constitutional principle has allowed Congress to hand over vast amounts of its lawmaking power to agencies, which, in turn, has fueled the administrative state's explosive growth in the twentieth century. These justices' openness to change, combined with their citation to legal academics who argue that the administrative state violates the Constitution and deep principles of common law go...
